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-   -   Undocumented immigrant with a valid state ID (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/1787722-undocumented-immigrant-valid-state-id.html)

cbn42 Oct 3, 2011 12:07 am


Originally Posted by Always Flyin (Post 17209990)
I did. You weren't listening: "Custodial interrogation."

You argue that doesn't apply if the person thinks they are unable to leave.

You stated the basic premise without looking at the facts of when courts have found a person reasonably believed they can't leave and you went on to claim that a "good" lawyer can get the evidence suppressed. Those situations, prior to an arrest being made, are actually rather limited.

The cases state there must be objective grounds for reasonably believing you are unable to leave (e.g., you are in handcuffs sitting in the back of a police car).

I pointed out that Miranda is basically a non-issue in most of the real world scenarios and that the facts presented here do not implicate Miranda.

At squeakr's request, I am done with this thread. Feel free to start it up elsewhere--after you do some research, please.

I'm done with this thread as well. If you want to continue this discussion, I'm more than willing, [redacted dilatory comment - moderator]

kanyewesttx Oct 4, 2011 6:00 pm

Yes, an illegal immigrant can fly domestic with a pictured id

Ari Oct 4, 2011 7:41 pm


Originally Posted by kanyewesttx (Post 17221143)
Yes, an illegal immigrant can fly domestic with a pictured id

But only if the TSA accepts the ID.

bocastephen Oct 5, 2011 12:20 am


Originally Posted by Ari (Post 17221634)
But only if the TSA accepts the ID.

That's why all illegal immigrants who need to travel or want to feel secure, should acquire a Washington State drivers license before that option dries up.

König Oct 5, 2011 1:28 am


Originally Posted by bocastephen (Post 17222582)
That's why all illegal immigrants who need to travel or want to feel secure, should acquire a Washington State drivers license before that option dries up.

The WA state DOL does not check for the legal status, but it asks for a SSN and needs a state residency proof. AFAIK, the SSN requirement is waived only for legal non-immigrants who are not eligible for the number (e.g., F2, J2, H4, etc). Unless an illegal alien already has a SSN and can produce utility bills from Washington state in his/her name, it is impossible to get a WA driving licence without giving fraudulent information. Also, an applicant for a state DL/ID should still provide an acceptable proof of identity (matricula card is not accepted in WA). So, it is really easy to get a WA driving licence for visa-overstayers, but not for those who came here illegally.

GUWonder Oct 5, 2011 1:59 am


Originally Posted by König (Post 17222714)
The WA state DOL does not check for the legal status, but it asks for a SSN and needs a state residency proof. AFAIK, the SSN requirement is waived only for legal non-immigrants who are not eligible for the number (e.g., F2, J2, H4, etc). Unless an illegal alien already has a SSN and can produce utility bills from Washington state in his/her name, it is impossible to get a WA driving licence without giving fraudulent information. Also, an applicant for a state DL/ID should still provide an acceptable proof of identity (matricula card is not accepted in WA). So, it is really easy to get a WA driving licence for visa-overstayers, but not for those who came here illegally.

Not every adult has a utility bill in their name, and yet driving licenses can be issued to many such persons.

Also, there are US citizens who do not have a SSN. IIRC, a large number of Amish-Americans were not issued a SSN, and a growing proportion of natural-born US citizens born outside of the US also do not have a SSN. Can't provide what is not had.

bocastephen Oct 5, 2011 10:03 am


Originally Posted by König (Post 17222714)
The WA state DOL does not check for the legal status, but it asks for a SSN and needs a state residency proof. AFAIK, the SSN requirement is waived only for legal non-immigrants who are not eligible for the number (e.g., F2, J2, H4, etc). Unless an illegal alien already has a SSN and can produce utility bills from Washington state in his/her name, it is impossible to get a WA driving licence without giving fraudulent information. Also, an applicant for a state DL/ID should still provide an acceptable proof of identity (matricula card is not accepted in WA). So, it is really easy to get a WA driving licence for visa-overstayers, but not for those who came here illegally.

I can tell you from actual feedback given by real people, your analysis above is not accurate. The *only* clincher is the residency proof, and it's quite easy to use a friend or relative's home to generate a utility bill, or rent a mailbox and have a bill sent to that address. Everyone I know who has gone this route was able to handle the proof requirement easily.

Jorge23 Mar 2, 2015 1:09 pm

Flying from Florida
 
Hi I had a driver license valid from Minnesota and I'm going to fly from Florida to San Diego.you guys know if on my way back from San Diego to Florida ,I have to go trough immigration ? Or just normal security.

cbn42 Mar 2, 2015 1:16 pm


Originally Posted by Jorge23 (Post 24441778)
Hi I had a driver license valid from Minnesota and I'm going to fly from Florida to San Diego.you guys know if on my way back from San Diego to Florida ,I have to go trough immigration ? Or just normal security.

Just normal security.

GUWonder Mar 2, 2015 1:22 pm


Originally Posted by Jorge23 (Post 24441778)
Hi I had a driver license valid from Minnesota and I'm going to fly from Florida to San Diego.you guys know if on my way back from San Diego to Florida ,I have to go trough immigration ? Or just normal security.

Just normal security most commonly, but sometimes (at airports like SAN or ELP or BUF) there are immigration enforcement types asking people if they are a citizen or not.

Medel88 Feb 27, 2017 9:46 pm

Domestic flight with an AB60 California DL and a Mexican passport
 
Hello i been reading a few posts on the site about undocumented people flying domestically and i havent get a clear answer to my situation.
i live in california and i dont have a legal status in the us for the past 13 years. I been doing good at work that my boss wants me to go to school in wiscounsin for a week. And my big question is would my california AB60 drivers license and mexican passport be enought for this flight, from fresno ca to wiscounsin?

Kumulani Feb 28, 2017 8:42 am

Sorry to say, but you would be taking a risk either way. Your AB60 only protects you when you're dealing with state and local law enforcement. You could get in trouble if you try to use it for a flight. If you used your passport, they may decide to be nosy, flip to the back pages and notice the lack of a visa.

On the other hand, you may get through just fine, as many undocumented people do each day. It really depends on the specific TSA officer you get. Just know that it's a risk.

catocony Feb 28, 2017 9:47 am

TSA has zero ability to deny someone based on immigration status. None whatsoever.

JoeBas Feb 28, 2017 9:51 am

Given the recent internal CBP reports of the last couple of weeks, and stepped up enforcement, were I here illegally I would not take the chance myself.

OP might want to consider Amtrak or "the Hound" for this trip.

guflyer Feb 28, 2017 11:06 am

I do not want to scare anyone, but OP may also want to be cautious with Amtrak/Greyhound. In past years, I have read reports about officers coming in and questioning/searching the belongings of passengers in some instances.

I have not read about this in a while and do not know whether this still occurs, but it would not surprise me if it did.

Ari Feb 28, 2017 12:18 pm

CBP aside, the AB60 license means nothing to TSA. The MX passport alone should suffice for TSA.

N1120A Mar 1, 2017 6:04 pm

An AB60 license technically wouldn't be a legal ID for TSA. A Mexican passport is most definitely a legal ID and they are used all the time at TSA checkpoints.

JoeBas Mar 2, 2017 10:37 am


Originally Posted by guflyer (Post 27970254)
I do not want to scare anyone, but OP may also want to be cautious with Amtrak/Greyhound. In past years, I have read reports about officers coming in and questioning/searching the belongings of passengers in some instances.

I have not read about this in a while and do not know whether this still occurs, but it would not surprise me if it did.

At least on Amtrak, these types of questions/sweeps haven't been frequent on the routes he'd be traveling in this instance, and generally you're not even asked about ID on those.

There's some small amount of risk, yes, but IMO less than there is in the airport, and only negligibly more than there is just moving about where you are.

cbn42 Mar 6, 2017 11:42 pm

The AB60 license is almost indistinguishable from a normal license, except for a notice saying "federal limits apply". I doubt TSA is going to notice or care, especially in another state. You can also use the Mexican passport, they usually don't check for visas. There is some risk involved here, but it is not substantial.

TWA884 Mar 7, 2017 12:33 am


Originally Posted by cbn42 (Post 28002168)
The AB60 license is almost indistinguishable from a normal license, except for a notice saying "federal limits apply".

It also states "not acceptable for official federal purposes" on the backside.

Kumulani Mar 7, 2017 7:28 am


Originally Posted by catocony (Post 27969867)
TSA has zero ability to deny someone based on immigration status. None whatsoever.

True, but they have always been able to refer someone to law enforcement if they discover an issue outside of their jurisdiction. Immigration is no exception to this.


Originally Posted by JoeBas (Post 27969892)
Given the recent internal CBP reports of the last couple of weeks, and stepped up enforcement, were I here illegally I would not take the chance myself.

What internal CBP reports? Also, I fail to see how CBP is at all relevant here, their concern is people trying to enter the country, not people already in the country. Aside from a few exceptions, like internal checkpoints along the Mexican border, someone not crossing a border is unlikely to have any contact with them.

mre5765 Mar 7, 2017 9:22 am


Originally Posted by Medel88 (Post 27967824)
Hello i been reading a few posts on the site about undocumented people flying domestically and i havent get a clear answer to my situation.
i live in california and i dont have a legal status in the us for the past 13 years. I been doing good at work that my boss wants me to go to school in wiscounsin for a week. And my big question is would my california AB60 drivers license and mexican passport be enought for this flight, from fresno ca to wiscounsin?

https://www.aclusandiego.org/ab-60-d...icense-rights/
Don’t use an AB 60 license to pass through TSA at an airport, use another form of identification, like a passport;
Without a recent CBP entry stamp in your passport it would be foolish to attempt this. The advice you are getting here to attempt this is terrible.

Evaluate the up side: brownie point at work.

The down side: the TSA summons the CBP to the check point and you are arrested and detailed.

squeakr Mar 7, 2017 2:24 pm

I concur with those saying it's a big risk
 
especially right now - the climate is harsher than it's been . I'd also agree with Amtrak or Greyhound being somewhat safer options but still a risk .

Often1 Mar 7, 2017 3:07 pm

OP - There is plain and simple a lot of bad advice here. Whatever has been acceptable in the past may or may not work going forward.

It is true that TSA has no immigration authority, but a TSA Officer may certainly summon a CBP Agent or Officer and many state or local law enforcement officers may be able to act in the place of a CBP Officer.

None of this is meant to frighten OP. It is just meant to be a dose of reality that he needs to get solid legal advice locally about what is and is not acceptable because telling him that he will not have a law enforcement encounter at a TSA checkpoint is just plain wrong.

FlyingHoustonian Mar 7, 2017 7:52 pm


Originally Posted by Kumulani (Post 28003252)
True, but they have always been able to refer someone to law enforcement if they discover an issue outside of their jurisdiction. Immigration is no exception to this.



What internal CBP reports? Also, I fail to see how CBP is at all relevant here, their concern is people trying to enter the country, not people already in the country. Aside from a few exceptions, like internal checkpoints along the Mexican border, someone not crossing a border is unlikely to have any contact with them.

While I do not believe Fresno is a location where this normally happens, CBP (and sometimes Border Patrol or ICE) stands right next to the TSA ID checker and if someone presents a foreign ID they (the DHS folks) start questioning the person travelling and do haul people away sometimes. I have personally recently seen it at ELP, Laredo, McAllen, and Brownsville, plus heard stories of it at BUF and SAN to name a few. Sorry for the tangent.

cbn42 Mar 7, 2017 8:30 pm


Originally Posted by FlyingHoustonian (Post 28006437)
While I do not believe Fresno is a location where this normally happens, CBP (and sometimes Border Patrol or ICE) stands right next to the TSA ID checker and if someone presents a foreign ID they (the DHS folks) start questioning the person travelling and do haul people away sometimes. I have personally recently seen it at ELP, Laredo, McAllen, and Brownsville, plus heard stories of it at BUF and SAN to name a few. Sorry for the tangent.

Fresno just has FIS open a few hours a day in the evenings/nights to process a couple of flights from Mexico. I don't think there are any CBP personnel there during most of the day.

I personally think the risk is very small, no more than getting pulled over while driving. But perhaps driving to an airport without any international flights, such as Bakersfield, might be an option. OP, remember that TSA cannot detain anyone, so if they ask you about your immigration status, you can politely decline to answer and leave.

PS I've never heard of ICE at an airport. Also, is there a distiction between CBP and Border Patrol?

Kumulani Mar 8, 2017 8:19 am


Originally Posted by cbn42 (Post 28006544)
PS I've never heard of ICE at an airport. Also, is there a distiction between CBP and Border Patrol?

Border Patrol is a division of the CBP. ICE doesn't normally hang out at airports, but TSA can refer you to them, often using CBP or another law enforcement officer as an intermediary.

FlyingHoustonian Mar 8, 2017 12:07 pm


Originally Posted by cbn42 (Post 28006544)
Fresno just has FIS open a few hours a day in the evenings/nights to process a couple of flights from Mexico. I don't think there are any CBP personnel there during most of the day.

I personally think the risk is very small, no more than getting pulled over while driving. But perhaps driving to an airport without any international flights, such as Bakersfield, might be an option. OP, remember that TSA cannot detain anyone, so if they ask you about your immigration status, you can politely decline to answer and leave.

PS I've never heard of ICE at an airport. Also, is there a distiction between CBP and Border Patrol?

Normally it is Border Patrol standing by the checkpoints, at least in my and others experiences; I have seen both ICE and CBP doing it also, though much less common. Fresno is too far from the border I think for these ops, but I was just bringing it up, as it does happen. At ELP it is nearly a daily occurrence. Sadly, I even saw one BP guy hassling a Germany soldier (Very large German military presence in ELP and up the road at the German Air Force det at Holloman).

ybanag Aug 31, 2017 10:49 am

A friend in the same situation who travels a lot for his company has asked a TSA manager the same question and this is what he was told.

TSA is a counterterorrism organization and their main mission is: "Protect the nation's transportation systems to ensure freedom of movement for people and commerce."

They do not check your legal status. As long as you present a valid Foreign passport, Federal or State issued DL or ID that matches the name on your boarding pass.

Even if you forgot your ID you are "ensured freedom of movement", you just have to go through additional screening.

Yoshi212 Aug 31, 2017 11:18 am

I trust what a TSO says as far as I can throw them and I am pretty strong. What your friend was told is read from a TSA guidebook. TSOs love calling actual police for drugs, forbidden items and yes even overstaying visas. It is far outside their purview but gov't agencies thrive on mission creep. They are after all on the "front lines".
In today's political climate it is riskier and riskier to travel while lacking legal status or proper visa/waiver. TSA & CBP have stepped up their random checks while airside which can be more thorough of documents and questions about travels and then status.


Originally Posted by ybanag (Post 28760537)
A friend in the same situation who travels a lot for his company has asked a TSA manager the same question and this is what he was told.

TSA is a counterterorrism organization and their main mission is: "Protect the nation's transportation systems to ensure freedom of movement for people and commerce."

They do not check your legal status. As long as you present a valid Foreign passport, Federal or State issued DL or ID that matches the name on your boarding pass.

Even if you forgot your ID you are "ensured freedom of movement", you just have to go through additional screening.


TWA884 Aug 31, 2017 11:26 am

Moderator's Note:
 
Folks,

Just a reminder that the Practical Travel Safety and Security Issues forum is informational. People come here to ask questions and receive advice and information to help them travel safely and with minimal hassle.

If you wish to opine, comment or argue about the TSA mission, please do so in the Checkpoints and Borders Policy Debate forum.

Thank you for understanding,

TWA884
Travel Safety/Security co-moderator

cafeconleche Sep 1, 2017 4:31 am

Would be nice to know what the OP ended up doing. Hopefully he/she comes back and updates us.

fgirard Sep 8, 2017 5:08 pm

Here at ONT, I have seen people use their Matricula cards as valid ID. Perhaps it was a local decision to accept those cards.

M79956 Sep 22, 2017 10:24 am

Hey

I have a similar problem. I have a CA AB60 license and I’m of course worried about flying with that. However I do have a British passport. My passport is brand new. I got it renewed recently. When I entered the US a few years ago my old passport was stamped! I’m worried the new passport will raise questions with the TSA because it has literally no stamps. No visa. No nothing?????? I’m flying domestically, just not sure of the risks

Yoshi212 Sep 22, 2017 10:59 am

To clarify, no judgements, when you entered the country was it on an ESTA/Tourist visa that has been overstayed or are you here on a legal visa without an overstay?
Either way, with TSA you can claim that your stamp is in your older passport that had to be replaced for whatever reason during your stay. There is always the possibility of TSA calling over a CBP agent which can look this up but as pathetic as it is to say, you're British so that is less than likely to happen.


Originally Posted by M79956 (Post 28846392)
Hey

I have a similar problem. I have a CA AB60 license and I’m of course worried about flying with that. However I do have a British passport. My passport is brand new. I got it renewed recently. When I entered the US a few years ago my old passport was stamped! I’m worried the new passport will raise questions with the TSA because it has literally no stamps. No visa. No nothing?????? I’m flying domestically, just not sure of the risks


TWA884 Sep 22, 2017 2:47 pm


Originally Posted by M79956 (Post 28846392)
Hey

I have a similar problem. I have a CA AB60 license and I’m of course worried about flying with that. However I do have a British passport. My passport is brand new. I got it renewed recently. When I entered the US a few years ago my old passport was stamped! I’m worried the new passport will raise questions with the TSA because it has literally no stamps. No visa. No nothing?????? I’m flying domestically, just not sure of the risks

From the Immigrant Legal Resource Center's AB 60 Driver’s License Frequently Asked Questions:

Can I use an AB 60 license to board an airplane?

We recommend NOT using an AB 60 license to board an airplane. There are two risks. First, the Transportation Security Administration (TSA) might not accept it. The TSA has been inconsistent regarding the acceptance of AB 60 licenses (or similar licenses from other states). Second, and more importantly, TSA officials could use the license as a basis to stop someone, question that person, and ultimately refer the person to ICE. AB 60 does not protect against discrimination by TSA officials, and the concern is that TSA agents may use an AB 60 license to flag people and refer them to ICE. If a person needs to fly, she should use other identity documents, such as an unexpired passport, and be aware that TSA engages in immigration enforcement.
And the ACLU of San Diego's Your Rights with an AB 60 Driver’s License:

  • Don’t use an AB 60 license to pass through TSA at an airport, use another form of identification, like a passport;

And the ACLU of Northern California's Know Your Rights: California AB 60 Driver's Licenses:

Do not attempt to use your AB 60 license to enter restricted areas of federal facilities, pass through TSA screening, or verify your identity to federal law enforcement officers, including Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP).

M79956 Sep 25, 2017 10:22 am

#25
 
I entered the country legally in 2012 on a J1 visa. Then a year later I changed it for an F1 visa. The F1 does not expire as long as I remain in school. However, I stopped doing school a year ago so technically my visa in invalid. I’m just worried about flying with my passport. I’m sure it should be fine. Even with no stamps. I just don’t want TSA to call somebody else over to check the passport, because that will raise more questions.

Yoshi212 Sep 25, 2017 3:53 pm

You might be a bit more than just "technically" holding an invalid visa. F1 visas are kind of specific for education with the intent to return to your home country upon graduation/end of studies. You can get a 12 month OPT employment extension but that has to be filed before completion of studies. Because of those rules & opportunities, overstaying on this kind of visa can be viewed as worse than overstaying on other kinds. I am not an immigration lawyer but you should look into contacting one to see if it's possible to resolve such a situation as if you are found to have overstayed it can/will be held against you when applying for a future visa. I make these statement as I work in a field that deals with a lot of people coming to the US for work or, like you, coming for schooling & then trying to get approved for a work visa.

As for traveling domestically with your passport it's still a risk BUT your chances of having TSA raise an eye is lessened because you'll have a visa with or in your passport & are holding a British passport. If you are sent to CBP do not lie or stretch the truth as they're federal officers with some broad authorities. TSA are not.




Originally Posted by M79956 (Post 28856512)
I entered the country legally in 2012 on a J1 visa. Then a year later I changed it for an F1 visa. The F1 does not expire as long as I remain in school. However, I stopped doing school a year ago so technically my visa in invalid. I’m just worried about flying with my passport. I’m sure it should be fine. Even with no stamps. I just don’t want TSA to call somebody else over to check the passport, because that will raise more questions.


TWA884 Sep 25, 2017 4:09 pm

Moderator's Note: Topic Drift
 
Folks,

The topic of this thread is flying domestically using a California AB60 driver license for identification.

If you wish to discuss the intricacies of the validity of US F1 student visas, please start a new thread in the USA forum, where such subjects are commonly discussed.

Thank you,

TWA884
Travel Safety/Security co-moderator


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